in one Week viz. in May 1606 who though he won his Wager yet was a Looser never getting his Winnings Piercy Wright c. who now lurked about London to expect the fatal Blow informed of the Discovery takes Horse making what haste they can to their Companions appointed to be at the Rendezvous on Dunsmore in brief according to their Abilities they run into open Rebellion but to their own Destruction The high Sheriffs with other Magistrates and Loyal Subjects so hunting them that they were either all dispersed slain or taken and the Chief of them afterwards condemned and executed Proceedings against Garnet and his Confederates printed by Robert Barker Printeâ— to the Kings most excellent Majesty 1606. to prevent untrue and incoherent Reports and Relations of their Tryals as the Epistle to the Book informs us And for the Confirmation of the Truth of these things I shall here insert the Heads of Sir Edward Coke's Speech at the Tryal of Robert Winter and divers others for their Treason in Westminster-Hall before the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Devonshire the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Peter Warburton Knight one of the Justices of the Court of Common-Pleas Lords Commissioners for that purpose On the 27 th of January 1605. were arraigned upon one Indictment Robert Winter Esq Thomas Winter Gent. Guy Fawks Gent. John Garnet Esq Ambrose Rookwood Esq Robert Keys Gent. and Thomas Bates upon another Indictment Sir Everard Digby At the Tryal of Winter and the rest upon the first Indictment * The Heads of the Speech of Sir Edward Coke at the Tryal of some of the Conspirators Sir Edward Coke than Attorney General made a very long and learned Speech wherein he first answered the Clamor that the Papists and their Adherents had then made because they were not sooner tryed Then he opened the Hainousness of the Crime in all the Aggravating Circumstances of it He said that as the Powder-Treason was of its self prodigious and unnatural so was it in its Conception and Birth most monstrous as arising out of the dead Ashes of former Treasons and then takes notice of very many if not all the Treasons before mentioned I think in this Speech and the Speech he made at Garnets Tryal all I am sure the most are taken in He then considered the Powder-Plot it self with regard to the Persons by whom the same was conspired And they were Clergy and Laity of the Roman Communion The Laity Gentlemen of good Houses of excellent Parts however most perniciously seduced abused corrupted and Jesuited of very competent Fortunes and Estates It being then said that there was never a Religious Man in the Action saith he in answer I never yet knew a Treason without a Romish Priest and names as ingaged in this Henry Garnet alias Wally the Superior of the Jesuits Legier here in England Father Creswel Legier Jesuit in Spain Father Baldwin Legier in Flanders as Parsons at Rome besides their Cursory Men as Gerrard Oswald Tesmond alias Greenway Hamond and Hall then he opened the Doctrines and Practices of the Jesuits and other Priests of the Romish Church which he proves from Simanca Creswels Philopater and other Books Then he considered the Persons against whom this Treason was conspired the King the Queen the Royal Issue Male the most honourable and prudent Councellors and all the true hearted and worthy Nobles all the Reverend and Learned Bishops all the Grave Judges and Sages of the Law all the principal Knights Citizens and Burgeesss of Parliament the Flower of the whole Realm Then he considered that this was designed notwithstanding the King had used so great Lenity toward the Papists that by the space of a whole Year and four Months he took no Penalties of them due upon the Statutes and besides this divers of the Papists were greatly preferred Then he considered the House of Parliament which they pretended they chose because there the Penal Laws were made against them which he answered by briefly showing what Laws were made against them and that their own Treasons were the true Grounds of making them Then he considered the End of this Conspiracy which was to bring a final and fatal Confusion upon the State and this is to be effected by damnable Means by mineing by thirty six Barrels of Powder having Crows of Iron Stone and Wood laid upon the Barrels to have made the Breach the greater Then he considered the Secresie of the Contrivance and Carriage of this Treason in three Respects the first that Catesby had Recommendation for a Regiment of Horse in the Low-Countries that under that Pretence he might furnish this Treason with Horse without Suspicion The Second was the Oath before mentioned The Third the Sacrament He then took notice of the admirable Discovery of this Treason and proceeded to make nine several Observations upon the whole which were these First The Mine had never been discovered had not the Cellar been hired 2. The Kings Directing the Search to be made there from those dark Words A Terrible Blow 3. Catesby Rookwood and Grants their narrow Escapes having a few Days before they were taken been in very great Danger of being blown up by Gun-powder 4. Gun-powder was the Invention of a Fryar 5. Binham was sent to the Pope to give notice of this Blow and to crave his Direction and Aid 6. Notwithstanding their rising in open Rebellion and giving out that the Catholics Throats would be cut not one Man came in to take their Parts but their own Company 7. The Sheriff immediately supprest them 8. The Discovery was made a few hours before it was to have been put in Execution 9. That there never was any Protestant Minister in any Treason and Murther that had been then attempted within the Realm Then he compared this Plot with that of Raleigh and Watson and Clark. 1. They had both one end 2. Both to be effected by Popish and discontented Persons Priests and Laymen 3. They all played at Hazzard the Priests were at the By Raleigh at the Main but these in at all purposing to destroy King Issue whole State. 4. All obliged by the same Oath and Sacrament 5. The same Proclamation after the Fact for Reformation of Abuses 6. The like Army provided for Invading 7. The same Pension of Crows promised 8. The Agreeing of the Times which was when the Constable of Spain was coming hither which was intended a Colour to the Invasion that it might not be suspected After Sir Edward Coke had ended his Speech The Evidence against the Traitors the Examinations of Winter and the rest subscribed by themselves were shown particularly to every one of them and acknowledged by them to be their own and true and in their Examinations every one had confest the Treason which Confessions were afterwards openly and distinctly read by
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do giâ—e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
a Commissioner of Sewers and a Deputy Lieutenant within the East Riding of York-shire His Lordship is presented to be a popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are popish Recusants and some of them Convicted William Lord Eure in Commission for the Sewers in the East Riding a Convict Popish Recusant Henry Lord Abergaveeny John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner for Sewers in Com. Lanc. himself suspected and his Wife a Recusant John Lord Mordant Commissioner of the Peace Sewers and Subsidy in Com. Northampton John Lord St. John of Basing Captain of Lidley Castle in Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of His Majesties Councel in the North Lord Lieutenant of the County and City of York and Comd. Eborac villae Kingston super Hull presented the last time and continuing still to give Suspicion of his ill affection in Religion 1. By never coming to the Cathedral Church upon those days wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common days as other Presidents were accustomed but publickly departing out of the Church with his Servants upon those days when the rest of the Council Lord Mayor and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawks on those days 4. By causing such as are known to be firm on those days in the Religion Established to be left out of Commission which is instanced in Henry Alured Esq by his Lordships procurement put out of the Commission of Sewers or else from keeping them from Executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lordship hath refused to give the Oath being appointed 5. By putting divers other ill-affected Persons in Commission of the Councel of Oyer and Terminer and of the Sewers and in other places of Trust contrary to His Majesties Gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish Ships of War upon the Coasts of Schâ—â—borough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the House of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect And did likewise refuse to shew the Commissioners who were to be employed for disarming of Popish Recusants the Original Letters of the Privy Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that Service 8. By denying to accept a Plea tendered according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plantiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay Costs 9. By the great increase of Recusants since his Lordships coming to that Government in January 1619. It appearing by the Record of the Sessions that there are in the East Riding only one Thousand six Hundred and Seventy more convicted then were before which is conceived to be an effect of his favour and countenance towards them William Langdale Esq convicted of Popish Recusancy Jordan Metham Henry Holm Michael Partington Esquires George Creswel Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their Wives Ralph Bridgman a Non-Communicant Nicholas Girlington whose Wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his Wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy-Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the said Lord president since the Kings Answer never known to have received the Communion his two only Daughters brought up to be Popish and one of them lately Married to Thomas Doleman Esq a Popish Recusant Anthony Vicount Mountague in Commission of the Sewers in Com. Sussex his Lordship a Recusant Papist Sir William Wray Knight Deputy-Lieutenant Collonel to a Regiment his Wife a Recusant Sir Edward Musgrave Sir Thomas Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy-Lieutenant and Justice of Peace his Wife and Children Recusants Sir Edward Egerton a Non-Communicant Thomas Savage Esq a Deputy-Lieutenant a Recusant and his Wife Indicted and presented William Whimore Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady Indicted for Recusancy and his Children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy-Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his Wife a Popish Recusant and Eldest Son. Sir Ralph Conyers Knight Justice of Peace his Wife a Popish Recusant James Lawson Esq a Justice of Peace and one of the Captains of the Trained-Bands his Children Popish Recusants and Servants Non-Communicants Sir John Shelley Knight and Baronet a Recusant William Scot Esq a Recusant John Finch Esq not convicted but comes not to Church in Commission of the Sewers These are all Convicted Recusants or suspected of Popery Sir William Mullineux Deputy-Lieutenant and Justice of Peace his Wife a Recusant Sir Richard Houghton Knight Deputy-Lieutenant his Wife and some of his Daughters Recusants Sir William Norris Captain of the General Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant James Anderton Esq Justice of Peace and one of his Majesties Receivers his Wife a Non-Communicant his Son and Heir a great Recusant and himself suspected Edward Rigby Esq Clerk of the Crown Justice of Peace himself a good Communicant but his Wife and Daughters Popish Recusants Edward Creswel Esq Justice of Peace his Wife a Popish Recusant John Parker Gentleman Muster Master for the County suspected for a Popish Recusant George Ireland Esq Justice of Peace his Wife a Popish Recusant John Preston Esq Bow-bearer for his Majesty in Westmoreland Forrest a Recusant Thomas Covil Esq Jaylor Justice of the Peace and Quorum his Daughter a Recusant Married Sir Cutbbert Halsal Justice of Peace his Wife a Recusant Richard Sherburn Esq Justice of Peace himself Non-resident his Wife and Son Recusants Sir George Hennage Knight Sir Francis Metcalf Knight Robert Thorold Esq Anthony Munson Esq William Dallison Esq in Commission of the Sewers and are justly suspected for Popish Recusants Sir Henry
Spiller Knight in Commission for Middlesex and Westminster and Deputy-Lieutenant Valentine Saunders Esq one of the Six Clerks both which are justly suspected to be ill-affected in Religion according to the Acts of State. Charles Jones Knight Deputy-Lieutenant and Justice of Peace George Milburne Esq Justice of Peace Edward Morgan Esq their Wives are all Popish Recusants William Jones Deputy-Lieutinant Justice of Peace his Wife suspected to be a Popish Recusant John Vaugban Captain of the Horse suspected for Recusancy Benedict Hall receiver and Steward of the Dutchy of Lancaster he and his Wife are Popish Recusants Sir Thomas Brudenel Knight and Baronet Deputy Lieutenant a Popish Recusant Cutbbert Heron Esq now Sheriff of Northumberland Justice of Peace his Wife a Recusant Sir William Selby Junior Knight Justice of Peace his Wife a Recusant Sir John Canning Knight Justice of Peace his Wife a suspected Recusant Sir Ephraim Widdrington Knight Justice of Peace suspected to be a Recusant Sir Thomas Ridall Knight Justice of Peace his Wife and Eldest Son are Recusants John Widdrington Esq who came out of the same County before his Majesties Proclamation was Published and is now at London attending the Council Table by Commandment and yet not dismist Sir Robert Pierpotnt Justice of Peace his Wife a Recusant Sir Anthony Brown Knight Justice of Peace thought to be a Recusant but not convict Sir Henry Beddingfeild Knight Deputy-Lieutenant and Justice in Oyer and Terminer and in Commission of Sewers Justice of Peace and Captain of a Foot Company his Wife nor any of his Children as is informed come to the Church Thomas Sayer Captain of the Horse his Wife comes not to Church Sir William Yelverton Baronet and Justice of Peace not suspect himself but his Eldest Son and one of his Daughters are known Recusants Sir Henry Minne Knight Justice of Peace and Quorum neither he his Wife or Daughters can be known to have received the Communion and have been presented at the Sessions for Non-conformity Robert Warren Clerk a Justice of Peace justly suspected and that for these Reasons 1. He being in trust for one Ratcliff of Bury Deceased for the Education of his Son he took him from the School at Twelve years Old and sent him beyond the Seas to be brought up there in a Popish Seminary where he hath remained six or seven years as was generally Reported 2. One of his Parishioners doubted in some points of Religion being Sick and desired to be satisfied by him who confirmed him in the Religion of the Church of Rome which he told to his Brothers before his Death who are ready to affirm the same but this was divers years since 3. There being Letters directed to four Knights of that County to call the Ministers and other Officers before them and to cause them to present all such as absented themselves from the Church and were Popishly affected he was desired to present those within his Parish Church of Welford which he accordingly did but left out at the least one half And being asked why he did so He Answered that he was no Informer And being asked of some particulas whether they come to the Church or not his Answer was they did not And why then did he not present them He said they might be Anabaptists or Brownists and would not present them and this certified by three Members of the House 4. He having a Brother dwelling in Sudbury that was presented for not coming to the Church he came to one of the Ministers and told him that he took it ill they presented his Brother Who Answered he did not but if he had known of it he would whereupon he replied he was glad he had a Brother of any Religion 5. One of his Parish named Fage having Intelligence that there was one of the said Parish that could inform of a private Place where Arms were in the Recusants House in the Parish came to some of the Deputy-Lieutenants in Commission for a Warrant to bring the same in form before them to be examined concerning the same And the said Fage delivered the Warrant to the Constable he carried him before the said M. Warren who rated the said Fage for that he did not come to him first telling him that he was a factious Fellow and laid him by the Heels for two hours which the said Fage is ready to affirm Sir Benjamin Tichburn Knight and Baronet Justice of Oyer and Terminer Justice of Peace and Deputy-Lieutenant and in Commission for the Subsidy his Wife Children and Servants Indicted for Popish Recusancy Sir Richard Tichburn Knight Justice of the Peace his Wife presented the last Sessions for having absented her self from the Church for the space of two Months Sir Henry Compton Knight Deputy-Lieutenant Justice of Peace and Commissioners for the Sewers Sir John Shelley Knight and Baronet himself and his Lady Recusants Sir John Gage Knight and Baronet a Papist Recusant Sir John Guldeford Knight their Ladies come not to Church Sir Edward Francis Knight their Ladies come not to Church Sir Garret Kempe Knight some of his Children come not to Church Edward Gage Esq a Recusant Papist Comissioner of the Sewers Thomas Middlemore comes not to Church Comissioner of the Sewers James Rolls William Scot Commissioners of Sewers both Recusants Papists Robert Spiller comes not to Church Sir Henry Guilford in Commission for Piracies and for the Sewers And John Thatcher Esq Commissioner for the Sewers they are either Persons convicted or justly suspected Sir Richard Sandford Knight Richard Brewthwait Esq Gawen Brewthwait Esq their Wives are Recusants Sir William Aubrey Knight Justice of Peace a Recusant Rees Williams Justice of Peace his Wife a convict Recusant and his Children Popishly bred as is informed Sir John Coney Knight a Justice of Peace and Deputy-Lieutenant his Wife a Popish Recusant Morgan Voyl Esq Justice of Peace his Wife presented for not coming to Church but whether she is Popish-Recusant is not known John Warren Captain of the Trained-Bands one of his Sons suspected to be Popishly affected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that increase both in Number and Power which by the Favour and Countenance of such like ill-affected Governours accreweth to the Popish Party but that according to your own wisdom goodness and Piety whereof they rest assured you will be graciouslly pleased to command that answer of your Majesties to be effectually observed and the Parties abovenamed and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England contrary to the Acts and Laws of States in that behalf The Parliament Dissolved upon the Duke of Buckinghams Account Another Parliament Summoned But the Parliament pressing hard upon the Duke of Buckingham the 15 th of June 1626. they were Dissolved before any Answer was given to this Petition and soon after
Bail or Mainprize and for the second offence twenty pounds and for want of payment should suffer six months Imprisonment without Bail or Mainprise and for the third offence should forfeit all his Goods and Chattels and suffer Imprisonment during his life time From which Act it is evident that all the mild Methods were taken that could be thought on to win over the Papists to the Reformed Religion for the Penalties incurred were not only suspended but the offender pardoned after they had been so long winkt at and the Penalties upon which Conformity was injoyned must be by all considering men adjudged reasonable to be inflicted upon those that remained obstinate after such kind usage and the rather for that it is apparent they made it their business to compel persons to go to Mass One thing I can't let pass without a remark That in this as well as the Statute of the 1 st of Edward the 6 th the tryal of the offence is to be according to the Antient Laws of the Land by a Jury and that till then they could incur none of the Penalties so careful were the Reformers for the Liberties even of Papists Hist Ref. pt 2. p. 115 116 117 118. Bâ—ker 's Ch on p. 303 304. But notwithstanding all this favour shewn to the Papists in one year they broke out into open Rebellion in four Counties in England viz. in Oxfordshire Devonshire Norfolk and Yorkshire So restless and unquiet are the Popish party and such implacable Enemies to the Protestants that if they be in power nothing but destroying them by Law will serve and if not then Plots Conspiracies and open Rebellions are their Methods Hist Ref. pt 2. p. 140. 3 4 E. 6. ca. 5. Rast Stat. f. 989. 34 E. 6. ca. 10. Images taken away Keeble's Stat. f. 676. Rast Stat. f. 994. these four Insurrections gave just occasion to make that severe Law against unlawful Assemblies and rising of the Subjects that if any to the number of twelve should meet together unlawfully for any matter of State and being required by any lawful Magistrate should not disperse themselves it should be Treason The next Act of Parliament that I shall take notice of and indeed but just touch it is the 3 d. and 4 th of Edward the 6 th ca. 10. Whereby divers Romish Books and Images were abolished and put away and that without any punishment of the Papists that used them but only a Penalty on the Officers and Ministers of Justice who did not put the said Law in Execution Thus things stood till the 6 th of Edward the 6 th and then an Act was made for the confirmation of the Liturgy which takes notice in the Preamble 5 6 E. 6. ca. 1. Keehâ—e 's Stat. f. 676. Rast Stat. f. 1009. The Liturgy confirmed That a great number of people in divers parts of the Realm following their own sensuality and living either without knowledge or due fear of God did wilfully and danmably before Almighty God abstain and refuse to come to their Parish Churches and other places where Common-Prayer Administration of the Sacraments and Preaching of the Word of God was used upon Sundaies and other daies ordained to be holy daies and doth thereby Enact that uniformity of Prayer and Administration of Sacraments shall be used in the Church requires Conformity thereunto and leaves them who come not to Church to be punished by the censures of the Church And Enacts March. Ref. 93. That all persons that are present at any other Common-Prayer or Sacraments for the first offence shall suffer six months Imprisonment without Bail or Mainprise for the second offence a years Imprisonment and for the third Imprisonment during life But none to have this inflicted but they who are legally convicted according to the Laws of the Land which cannot be esteemed severe seeing they were occasioned by the Treasons and Rebellions of them upon whom they were inflicted CHAP. VI. Q. Mary HAving shewn how kind and merciful King Edward the 6 th was to the Papists all his Reign notwithstanding their severe usage of the Protestants in his Predecessours Reigns Queen Mary her accession to the Crown and how she used the Protestants before she had a Parliament 35 H. 8. ca. 1. Rast Stat. f. 835. Hist Ref. 2. pt li. 2. p. 235. and their Treasons and Rebellions against himself and the then Established Government I shall now give an Account what usage the Protestants had in the Reign of his Successour Queen Mary Upon the Death of King Edward the Crown devolved upon Queen Mary according to the settlement of it by 35 H. 8. but she being a Papist and King Ed. the 6 th having by his Letters Patents limited the Crown to the Lady Jane Daughter of Frances Dutchess of Suffolk who was a Protestant the Council Proclaimed the Lady Jane Queen which Proclamation sets forth that the late King had settled the Crown as aforesaid and declared that it should not descend to his two Sisters since they were both Illegitimate in the Spiritual Courts and by Acts of Parliament and were only his Sisters by the half blood who tho' it were granted they had been Legitimate are not Inheritable by the Law of England it was added that there was also great cause to fear that the King's Sisters might marry Strangers and so change the Laws of the Kingdom and subject it to the Tyranny of the Bishops of Rome and other Foreign Laws for these Reasons they were excluded from the Succession and the said Lady Jane was Proclaimed Queen as aforesaid she promising to be most Benign and Gracious to all her people to maintain God's Holy Word and the Lavvs of the Land requiring all the Subjects to obey and acknowledge her And now all had been well and the Reformed Religion was in a likely way to flourish could the Protestants have been all of a mind and the common sort of People been as well satisfied as the Council great part of the Nobility and all the Judges but one were in what was done But oh the Calamities that divisions bring upon a Kingdom Suffolk and No folk 's mens kindness to Queen Mary Hist Reform part 2. p. 233.237 Baker 's Chro. p. 312. The Earl of Arundel having given Queen Mary notice of the Death of her Brother and the design of setting up the Lady Jane she retires to Framlingham Castle in the County of Suffolk whither many from Norfolk and a great body of Suffolk men gathered about her who were notwithstanding all for the Reformation they before they would assist her desired to know of her whether she would alter the Religion set up in King Edward's days to whom she gave full assurances that she would never make any Innovation or Change but be contented with the Private Exercise of her own Religion upon this they were all possest with such a belief of her sincerity that it made them resolve to hazard their Lives and
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined tending to the Hurt of Her Majesties Royal Person by any Person or with the Privity of any Person that shall or may pretend Title to the Crown of this Realm That then by Her Majesties Commission under Her Great Seal the Lords and others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or any of Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all Her Highnesses Subjects shall and may lawfully by virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means any such detestable Fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid That the Lords and others Commissioners to try such Traitors in case the Queen should be killed which shall be of Her Majesties Privy Council at the time of such her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be Persons that may make any Title to the Crown those Persons which were Chief Iustices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner of such Her Majesties Death and what Persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that Behalf be needful and convenient but also to use all other Means and things possible and necessary for the maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or stirred in disturbance of the due Execution of this Law by any Person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the Effect and true Meaning of the same That then every Person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto them for assistance as is aforesaid in all things to be done and executed according to the Effect and Intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor of this Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions
The Oath of Secrecy by Word or Circumstance the Matter that shall be proposed to you to keep Secret nor desist from the Execution thereof till the rest shall give you leave After this was done every Man betakes himself to the part assigned him some to provide Money other Materials and others a place to lay the Materials in The place pitched upon for placing the Materials in was Cellars under the Parliament House which Thomas Piercy had hired for that purpose the Materials were thirty six Barrels of Gun-Powder provided in Flanders carried into the Cellar from Lambeth in the Night covered over with Wood and Coals and all provided at the Charge of the English * Sr. Everard Digby 1500 l. Mr. Francis Tresham 2000. l. Piercy 4000 l. besides others Papists who promised themselves the extirpating this Northren Heresie as they called it and introducing in its Room Popish Superstition and Idolatry as we call it and the Divines of our Church have proved it to be to the Conviction of all 〈◊〉 who will not Wilfully shut their eyes against the Light. Things being thus prepared they looked upon the King and Prince Henry as already made a Sacrifice to attone the See of Rome for the revolt that England had made from her and Percy had undertaken for the slaying the Duke of York Charles the First that there might be no ingredient in the Sacrifice wanting to make it acceptable but because it was thought necessary for a Colour to their Bloody designs to preserve the Succession the Lady Elizabeth must be spared and made Queen Foulis Hist l. 10. cap. 2. f. 507. and the Odium of blowing up the Parliament cast upon the Puritans They designed the Accomplishment of this unparallel'd Cruelty on the 5 th of November 1604. when the King and both Houses of Parliament were to meet and that very day they appointed a great Hunting Match at Dunsmore Heath near Comb the Lord Harringtons House in Warwickshire where the Lady Elizabeth was upon which pretence divers Papists were to meet well Armed in order to seize and secure her with intention to marry her to a Papist and by that means to introduce Popery To carry on their Design of fixing this Plot upon the Puritans Foulis Hist l. 10. cap. 2. f. 508. they framed a Proclamation which they got printed and ready for publishing upon the Sign given which they supprest and burnt upon the Discovery though some of them by chance came to light and were seen and read by Dr. Parker Dean of Lincoln Sir William Ellis Recorder of the said City and others And that they might gain the greater Credit with the People in this Contrivance Keys Brother-in-Law to Mr. Pickering had a few days before either borrowed or bought the Swift-horse well known in London and thereabouts of Mr. Pickering of Tich March Grove in Northamptonshire a noted Puritan whom they also designed to kill upon which Faux having fired the Match and Touch-wood leading to the Train was to escape as they bore him in Hand But O Horrid Impiety their Design was to kill him as soon as he had imbrued his Hands in so much Innocent Blood just as he was to mount the Horse as being Pickerings Man which the People would easily believe seeing the Horse was so well known to them and the Multitude once perswaded of this would be more facile to joyn with them under notion of doing Justice upon such supposed Traitors and Wretches They also consulted how to keep the Romish Lords from going that Day to Parliament the better to strengthen their Cause by their Preservation But in the heighth of all their Hopes and Expectations a Discovery is made thus The Manner of the Discovery some of them supposed by Monteagle to be Piercy but Bishop * Answer to Sir Anthony VVeldon's Court of King James p. 73. M. S. Goodman saith it was Tresham who writ the Letter having a great Affection to the said Lord Monteagle Son and Heir to the Lord Morley had a mind to preserve him from the intended Slaughter So one Evening a Letter Sealed is delivered in the Street the Strand by an unknown Fellow to one of the Lords Foot-men charging him to deliver it with Care to his Lord. Monteagle opens it finds it without Date and Subscription writ with a very bad Hand and in a Stile he knew not what to make of The Letter was this My Lord OVT of the Love I bear to some of your Friends I have a care of your Preservation Foulis Hist l. 10. cap. 2. f. 508. Wilson's Hist f. 30. therefore I would advise you as you tender your Life to devise some Excuse to shift off your Attendance this Parliament for God and Man have concurred to punish the Wickedness of this time And think not slightly of this Advertisment but retire your self into your Country where you may expect the Event in Safety for though there be no Appearance of any stir yet I say they shall receive a terrible Blow this Parliament and yet they not see who hurts them This Councel is not to be contemned because it may do you good and can do you no harm for the Danger is past as soon as you have burned this Letter and I hope God will give you the Grace to make good use of it to whose Holy Protection I commend you Monteagle wondred at the Letter and its Delivery and thinking it might relate to some Mischief thought it his Duty to make it known so away he goeth to White-Hall shows it to the Earl of Salisbury then Secretary of State who tells some other of the Privy Council of it and the King being returned from his Hunting at Royston they delivered it to him His Majesty having seriously considered it and all other Circumstances concluded that it might relate to some Design to blow up the Parliament and in this Jealousie ordered the Rooms and Vaults about the House to be searched which was done the Night before the Session when in the aforesaid Cellar under the Lords House were found the Barrels of Powder and at the Door standing Guido Faux booted and Spurred with a large dark Lanthorn now to be seen in Oxford Library with Matches Tinder-Box and other Materials for his Design Faux was presently carried to Court and examined where he appeared sturdy and scornful maintaining the Design to be lawful that James was not his King because an Heretic was sorry that the Plot failed and that he had not blown up the House with himself and those that were sent to search affirming that God would have had the Plot concealed but it was the Devil who revealed it at last Faux himself confest all that he knew of the Treasons Thus far discovered the King suspecting some Commotions or Risings sent with all speed to prevent them by timely Notice by Lepton and others This was that Mr. John Lepton of Yorkshire who rid so often betwixt London and York
which it appeared that Bates was resolved for what he undertook in this Powder-Treason being therein warranted by the Jesuits Also that Hamond the Jesuite the 7 th of November after the Discovery confest and absolved them The Confessions of Watson and Clark Seminary Priests upon their Apprehension was also taken notice of who affirmed that there was some Treason intended by the Jesuits and then in hand After the reading their several Examinations Confessions Their Conviction Condemnation and Execution and voluntary Declarations as well of themselves as of some of their dead Confederates they were all found guilty and having nothing to say for themselves were comdemned and executed Sir Everad Digby having likewise confest the same was found guilty condemned and executed for the same Treason Garnets Arraignment Tryal and Confeson Proceedings printed in 1606. Foulis l. 10. c. 2. f. 514 517. Henry Garnet Superior of the Jesuits in England was arraigned and tryed for the same Treason on Friday the 28 th of March 1606. at Guild Hall in London before Sir Leonard Holiday Lord Mayor the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Christopher Yelverton Knight one of his Majesties Justices of the Kings-Bench Lords Commissioners for that purpose He was a grand Agitator in this Plot and did himself at last confess thus much That Catesby had told him of the Plot but not by way of Confession that Greenwel had told him of this not as a Fault for how could they do so that approved it as meritorious but as a thing that he had Intelligence of and told it him by way of Consultation that Catesby and Greenwel came together to him to be resolved that Tesmond and he had Conference of the Particulars of the Powder-Treason in Essex that Greenwel asked him who should be Protector Garnet said that was to be deferred till the Blow was past that he ought to have revealed it to the King that nothing deterred him from the Discovery so much as his Unwillingness to betray Catesby that he had greatly sinned against God the King and the Kingdom in not revealing it of whom he heartily begged Pardon and Forgiveness Garnet Condemned and Executed Foulis Hist lib. 10. cap. 2. f. 514. Proceedings And for this Treason he was condemned and after his Condemnation he himself said That the Sentence was justly passed on him The third of May following he was executed at the West End of St. Paul's Church-Yard where he appeared in a troubled and amazed Condition still prying and peeping about for a Pardon although Henry Montague Recorder of the City pitying his Perplexedness assured him there would be none granted And thus died this Garnet after he had confirmed the Matters contained in the Confessions of them that had been before executed by this Confession of his own And that none that are willing to receive Truth as it is which ingenuous Men always are may remain in doubt take the true reason of his Confession from himself at Foulis relates it The reason of Garnets Confession Foulis Hist lib. 10. cap. 2. f. 515. The Jesuits being not a little offended that he should any way confess himself guilty which with some might be a Blot both to himself and their Order Garnet to vindicate himself to them and to shew the Folly of denying any longer thus writes to them What should I do First of all the rest of the Confederates have accused me Secondly Catesby always made use of my Authority amongst them whereby most of them were perswaded to have a good Opinion of the Enterprize so that all knew I was in it Thirdly two set on purpose heard me discourse the whole business with Oldcorn and tell him how I thought to answer all Objections Fourthly My Letters writ with the Juice of Orange to Mrs. Anne Anne Vaux are I know not how fallen into their Hands whereby I plainly enough discovered my Knowledge of it Whence I gather that the Jesuits did sufficiently tamper with him to conceal his Guilt and that he would have concealed it if he could and all that have writ in Justification of him are sufficiently answered by his own Confession and the four Reasons above mentioned that induced him thereunto to which add his further Confession That he had often vowed both by Words and Writings to the Lay Conspirators that he would never discover or betray any of them and his acknowledging his Offence wishing it were in his Power to undo that which was done and that if the whole World were his he would willingly give it to quit himself from the Guilt of Treason which now troubled his Conscience Moreover he himself owned in a Letter to Mrs Anne Vaux That he was sorry he could not die for Religion but for Treasons These Instances are certainly sufficient to convince any unbyassed Reader but to put the Matter out of doubt and if it be possible to convince even the Papists Thuanus himself one of their own Communion Privy-Councellor to the French King and President of the Supream Senate of that Kingdom was so fully convinced of the Truth of this Conspiracy and that all the Conspirators before named were ingaged in it that he writ a most ingenuous Narrative of the whole in Latin which was in the year 1674. faithfully rendred into English and printed where the Papists that do not understand Latine may if they please receive ample Satisfaction So detestable it seems this Conspiracy was to some of the English Colledge at Rome that being informed of the Discovery of this Plot sixteen of them abhorring such jugling and bloody Designs forsook the Colledge slipt into France Translation of Thuanus f. 1. and thence some of them came into England and turned Protestants But nothing will convince some Papists for notwithstanding all the Confessions aforesaid and Convictions Foulis Hist l. 10. cap. 2. f. 510. and Executions upon those Confessions there are not a few who would perswade the World to believe that all this was but a mear Cheat a Trick of Salisbury the then Secretary And Foulis saith he once heard a Story very gravely told that one lurking under the Council-Table concealed by the long Carper heard much of the Contrivance a Tale so absurd and ridiculous that after what hath been already said to endeavour to confute it would argue more impertinence then they were guilty of who broached the Story This Conspiracy being discovered in so wonderful a manner and the Deliverance attended with so many amazing Circumstances the Parliament took the same into their Consideration and in the first place made a Law for keeping an Anniversary Day of Thanks-giving on the Fifth of November and enacted the same Law should be read in the Churches publickly upon the same Day and then made an Act for the Attainder of the Offenders Which Acts
Your Majesty and States on the other part for private Men to accomplish their corrupt Ends. His Majesties ANSWER to the Fourth ARTICLE TO the fourth Article His Majesty is most willing to punish for the time past and prevent for the future any of the Deceits and Abuses mentioned in this Article and will account it a good Service in any that will inform himself his Privy Council Officers of his Revenue Judges or learned Council of any thing that may reveal this Mystery of Iniquity and His Majesty doth strictly command every one of them to whom such Information shall be brought that they suffer not the same to dye but do their utmost Endeavour to effect a clear Discovery and bring the Offenders to Punishment and to the intent no concealed Toleration may be effected His Majesty leaves the Laws to their Course 5. Article THat as the Persons of Ambassadors from Foreign Princes and their Houses be free for the Exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto Your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great Offence of Almighty God and Scandal of Your Majesties People loyally and religiously affected that either the Concourse of Recusants to such Places may be restrained or at least such a vigilant Watch set upon them at their return from those Places as they may be apprehended and severely proceeded withal Vt qui palam in Luce peccant in Luce puniantur His Majesties ANSWER to the Fifth ARTICLE TO the fifth His Majesty is well pleased to prohibit and restrain their coming and Resort to the Houses of Ambassadors and will command a vigilant Watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this Your Majesties Kingdom or any Ships of Your Majesties 6. Article or which shall be employed in Your Majesties Service be committed to Popish Recusants or to Non-communicants by the Space of a Year past or to any such Persons as according to Direction of former Acts of State are justly to be suspected as the Place and Authority of Lords Lieutenants Deputy Lieutenants Justices of the Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third Year of the Reign of Your Father of Blessed Memory and that such as by Connivance have crept into such Places may by Your Majesties Royal Command be discharged of the same His Majesties ANSWER to the Sixth ARTICLE TO the Sixth His Majesty is perswaded that this Article is already observed with good Care nevertheless for the avoiding as much as may be all Errors and escapes in that kind His Majesty will give Charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the State of their several Circuits if any such as are mentioned in this Article be in the Commission of the Peace that due Reformation be made thereof and will likewise give Order to the Lord Admiral and such other to whom it shall appertain to make diligent Inquiry and certificate to His Majesty if any such be in place of Authority and Command in His Ships or Service THat all Your Majesties Judges Justices and Ministers of Justice unto whose Care and Trust Execution which is the Life of Your Majesties Laws is committed may 7. Article by Your Majesties Proclamation not only be commanded to put in speedy Execution those Laws which stand in force against Jesuits Seminary Priests and Popish Recusants but that Your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict Account of their Proceedings at their Returns out of their Circuits unto the Lord Keeper by the Lord Keeper to be presented unto Your Majesty His Majesties ANSWER to the Seventh ARTICLE TO the seventh His Majesty doth fully grant it 8. Article AND for a fair and clear Eradication of all Popery for the future and for the breeding and nursing up of a Holy Generation and a peculiar People sanctified unto the true Worship of Almighty God that until a Provisional Law be made for the Training and Educating of the Children of Popish Recusants in the Grounds and Principles of our Holy Religion which we perceive will be of more Power and Force to unite Your People unto You in fastness of Love Religion and Loyal Obedience then all Pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into Your Princely Care and Consideration these our humble Petitions proceeding from Hearts and Affections Loyally and Religiously devoted to God and Your Majesties Service and to the Safety of Your Majesties Sacred Person we most zealously present to Your Princely Wisdom craving Your Majesties chearful and gracious Approbation His Majesties ANSWER to the Eighth ARTICLE TO the eighth His Majesty doth well approve it as a Matter of necessary Consideration and the Parliament now sitting he recommendeth to both Houses the Preparation of a fitting Law to that effect And His Majesty doth further declare that the Mildness that hath been used towards those of the Popish Religion hath been upon Hope that Foreign Princes thereby might be induced to use Moderation towards their Subjects of the Reformed Religion but not finding that good Effect which was expected His Majesty resolveth unless he shall very speedily see better Fruits to add a further degree of Severity to that which in that Petition is desired The Parliament after this made a Law against the Papists Intituled An Act to restrain the Passing or Sending of any to be Popishly bred beyond the Seas The Substance whereof take as followeth That 3 Car. 1. ca 2. Keebles Stat. f. 1098. By this Law Papists are prohibited sending their Children or others beyond Seas to be instructed in the Popish Religion FOrasmuch as divers ill affected Persons to the true Religion within this Realm had sent their Children into Foreign Parts to be bred up in Popery notwithstanding the Restraint of it by 1 Jac. 1. It was enacted That that Law should be put in Execution and further that if any Person or Persons being Subjects should pass over or go convey or send or cause to be sent or conveyed any Children or other Person beyond Seas to the Intent and Purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or Houses of Iesuits Priests or in any Private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or should convey or send or cause to be conveyed or sent any sum or other thing towards the maintenance of any already gone or sent under any
made the Papists were ingaged in a most Horrid Plot against the Protestant Religion and the Parliament having now made this Act whereby the Papists are excluded from all Places of Profit and Trust it is not hard to believe that their Malice was thereby greatly heightned and their Rage very much increased against the Protestants and their Actings put it beyond doubt that it was so For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction and so inhumane were they that notwithstanding the late King Charles the Second's Kindness to them yet unless he would fully comply with them in the butchering his Protestant Subjects extirpating the Protestant Religion which they called a * Coleman's Tryal p. 69. Pestilent Heresie and the introducing of the Romish Superstition and Idolatry he must be taken out of the way to make room for one that would I confess I have met with very many that have owned the Dis-believing of any such Design but when I seriously reflect upon the Letters that were produced against Mr. Coleman and owned by himself to be his when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot that was discovered in 1678. and the Agreement that there is in the Substance of the thing although there may be some Variations as to Circumstances when I consider the Witnesses were Strangers to one another that did so agree in their Testimony and that the Discovery was so sudden and the Witnesses came in so quick one after another after the Discovery that it is not to be presumed there could be any Subornation when I consider the Credit they had with the King himself and with four Parliaments when I consider the great Attempts notwithstanding to take the Odium off the Papists and cast it upon the Protestants when I consider the unwearied Pains taken by the Papists and some that are much worse because they espoused their Cause under a Protestant Vizar to lay the Murther of Sir Edmond-Bury-Godfrey at the Protestants Door and to wipe off the Stain thereof from the Papists when I consider the Methods that were taken in the late King James the Seconds his Reign so exactly pursuant to what was designed in case Charles the Second had fallen as was contrived * Either by Shooting Poison or Stobing the first of which Methods was by granting a general †The Declaration for Liberty of Conscience Designed to be published in case the Popish Plot had then taken effect you may find printed in Coleman's Trial p. 58. Liberty of Conscience and thereby deluding divers Protestants to serve a Popish Interest although against their Wills it is to me matter of Amazement that there should remain the least doubt of the Truth of that Plot in the Minds of any that are really Protestants especially when I consider that there wanted nothing in the late King James's Reign but a Parliament to take off the Penal Laws and Tests to bring that Popish Plot to the highest Perfection that the Papists ever designed and what Endeavors there were to obtain that is sufficiently known To run through the whole Series of that Popish Plot would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its Design can warrant which is the publick Good and therefore as a Confirmation of the Truth of that Plot and to refresh the Memory of those who perhaps are willing to forget it I shall here only insert Coleman's Letters as you will find them printed in his Tryal and also Bedloes Depositions as they were taken before and printed by Sir Francis North then Lord Chief Justice of the Common-Pleas and afterwards made Lord Keeper of the Great Seal of England for the good Services he had done the Crown Coleman's Letters are as followeth Mr. Coleman's First Letter SInce Father St. German has been so kind to me Coleman 's Tryal p. 44. as to recommend me to your Reverence so advantagiously as to encourage you to accept of my Correspondency I will own to him that he has done me a Favour without consulting me greater than I could have been capable of if he had advised with me because I could not then have had the Confidence to have permitted him to ask it on my Behalf And I am so sensible of the Honour you are pleased to do me that though I cannot deserve it yet to shew at least the Sense I have of it I will deal as freely and openly with you this first time as if I had had the Honour of your Acquaintance all my Life And shall make no Apology for so doing but only tell you that I know your Character perfectly well though I am not so happy as to know your Person and that I have an Opportunity of putting this Letter into the Hands of Father St. Germans Nephew for whose Integrity and Prudence he has undertaken without any sort of Hazard In order then Sir to the plainness I profess I will tell you what has formerly passed between your Reverences Predecessor Father Ferryer and my self About three Years ago when the King my Master sent a Troop of Horse Guards into his most Christian Majesties Service under the Command of my Lord Durass he sent with it an Officer called Sir William Throckmorton with whom I had a particular Intimacy and who had then very newly imbraced the Catholic Religion to him did I constantly write and by him address my self to Father Farryer The first thing of great Importance I presumed to offer him not to trouble you with lesser Matters or what passed here before and immediately after the fatal Revolution of the Kings Declaration for Liberty of Conscience to which we owe all our Miseries and Hazards was in July August and September 1673. when I constantly inculcated the great Danger the Catholic Religion and his most Christian Majesties Interest would be in at our next Sessions of Parliament which was then to be in October following at which I plainly foresaw that the King my Master would be forced to something in prejudice to his Alliance with France Which I saw so evidently and particularly that we should make Peace with Holland that I urged all the Arguments I could which to me were Demonstrations to convince your Court of that Mischief and pressed all I could to perswade his most Christian Majesty to use his utmost Endeavor to prevent that Session of our Parliament and proposed Expedients how to do it But was answered so often and so positively that his most Christian Majesty was so well assured by his Embassador here our Embassador there the Lord Arlington and even the King himself that he had no such Apprehensions at all but was fully satisfied to the contrary and looked upon what I offered as a very zealous Mistake that I was forced to give over arguing though not believing as I did
Sessions then we are now I pray God we do not loose ground By my next which will be er'e long I shall be able to tell your Reverence more particularly what we are like to expect In the mean time I most humbly beg your Holy Prayers for all our undertakings and that you will be pleased to Honour me so far as to esteem me what I am entirely and without any reserve The Examination of Capt. William Bedlow taken upon Oath before the Lord Chief Justice North at Bristol on Monday the 16th of August 1680. Bedlows Examination before the then Lord Chief Justice North taken immediately before his death THe Examinant saith that the Duke of York hath been so far engaged in the Plot as he hath seen by Letters in Cardinal Barbarines's Secretarys Study that no part hath been proved against any Man already that hath suffered but that to the full those Letters have made him guilty of it all but what tended to the Kings death And at Rome I asked Father Anderton and Father Lodge two Jesuites what would the Duke do with his Brother when he was King and they answered me they would find a means for that they would give him no trouble about it Then I told them I believed the Duke loved his Brother so well he would suffer no violence to be done to him they said no if the Duke could be brought to that as he had been Religiously to every thing else they might do their work their other business was ready and they might do it presently But they knew they could not bring him to that point but they would take care for that themselves they had not begun with him to leave him in such scruples as that But they would set him in his Throne and there he should reign blindfold three or four days * * According to the old Game the Protestants must hear the odium of the Papists villanies for they had settled some they should pitch the action upon should clear their Party And then he should fly upon them with the Sword of Revenge And this Examinant doth further adds that the Queen is not to this Examinants knowledge nor by any thing that he could ever find out any way concerned in the Murther of the King But barely by her Letters consenting and promising to contribute what Money she could to the introducing the Catholic Religion nay 't was a great while and it made her weep before she could be brought to that The Narrative of Sir Francis North Lord Chief Justice of the Common-Pleas at the Council-board AT my first coming to Mr. Rumsey's House where I was to Lodge at Bristol upon Monday the 16th day of August in the Afternoon being the first day of the Assizes Sir John Knight came to me and said That Mr. Bedlow lay dangerously ill of a Fever and had little hopes of Life and desired that I would give him a Visit that he might impart something of great consequence to me before his death I told him I would give him a Visit that Night after Supper about Nine a Clock if I might be satisfied of two things first that there was no infection in his distemper Secondly that the time would not be inconvenient but he might discourse to me without prejudice to his Condition After a little while two Physitians came to me and assured me that there was no danger of Infection and that the time I had appointed would be most proper for commonly he took his repose in the Afternoon and at nine a Clock he would in all probability be refreshed and fit to Discourse with me thereupon I declared my resolution of going and desired the company of the two Sheriffs and my Brother Roger North and appointed my Marshal William Janes to go with me to him As we were upon the way Mr. Crossman a Minister in that City told me Mr. Bedlow had desired him to come with me to him I said it was very well and I should be glad of his Company whereupon we went altogether and being come into the Room where Mr. Bedlow lay I saluted him and said I was extream sorry to find him so ill I came to visit him upon his own desires I did imagine he had something to impart to me as a Privy Counsellor and therefore if he thought fit the Company might withdraw He told me that needed not yet for he had much to say which was proper for the Company to hear and having saluted the Sheriffs and Mr. Crossman he discoursed to this purpose That he looked upon himself as a dying man and found within himself that he could not last long but must shortly appear before the Lord of Hosts to give an account of all his actions and because many Persons had made it their business to baffle and deride the Plot he did for the satisfaction of the World there declare upon the Faith of a dying Man and as he hoped for Salvation that whatever he had testifyed concerning the Plot was true And that he had wronged no Man by his Testimony but had testifyed rather under that over what was truth That he had nothing lay upon his Conscience upon that account That he should appear chearfully before the Lord of Hosts which he did verily believe he must do in a short time He said he had many Witnesses to produce who would make the Plot as clear as the Sun and he had other things to discover which were of great importance to the King and the Country Hereupon he making some pause I told him the Plot was so evidently made out that no reasonable Man no Protestant I was sure could doubt of the Truth of it but he ought not to have concealed any thing that concerned the King so highly he ought to discover his whole knowledge in Matters of Treason that Traytors may be apprehended and secured who otherwise may have opportunity to execute their Treasonable Designs To this he reply'd that much of that which he had not discovered was to coroborate his former Testimony that he had concealed nothing that was necessary to the Kings preservation That he thought it not fit to accuse more Persons till he had ended with those whom he had already accused He expressed great grief and trouble at the the Condition of this poor King and Country so he termed them whom he knew at that time to be in eminent Danger from the Jesuites who had resolved the Kings death and he was sure they would spare him no longer then he continued to be kind to them he said he was privy to their Consultations at Salamanca and Valadolid where they used to observe the favourable Conjuncture they had to introduce their Religion into England which consisted in their having a Head he must be set up what ever came of it and if they let slip that opportunity they should never have such another for without a Head they could do nothing he said further he knew the